Export Inspection (Establishment Registration Charges) Amendment Regulations 2007 (No. 1)

Administered by Department of Agriculture

Legislation au F2007L03790 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Select Legislative Instrument 2007 No. 280

 

Issued by the Authority of the Minister for Agriculture, Fisheries and Forestry

 

 

Export Inspection (Establishment Registration Charges) Act 1985

 

Export Inspection (Establishment Registration Charges) Amendment Regulations 2007 (No. 1)

 

Section 9 of the Export Inspection (Establishment Registration Charges) Act 1985 (the Act) provides that the Governor General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Section 6 of the Act permits charges to be imposed for the registration of an establishment associated with the preparation of a prescribed commodity specified in the regulations and for the regulations to provide for exemption from charge.  Section 7 of the Act provides that the rate of charge in respect of the provision of inspection services is the rate applicable under the regulations.

The Export Inspection (Establishment Registration Charges) Regulations 1985 (the Principal Regulations) are made under the Act. Regulation 4 of the Principal Regulations specifies prescribed commodities for the purposes of section 6 of the Act. Dairy products are one of the specified commodities.  Regulation 5 provides for exemptions from charge.  Regulations 6 and 6A impose rates of charge for the registration of certain establishments including dairy establishments.

The purpose of the Export Inspection (Establishment Registration Charges) Amendment Regulations 2007 (No. 1) (the Amendment Regulations) is to remove registration charges relating to dairy establishments to enable the placement of registration charges for these establishments in the Export Control (Fees) Orders 2001 (the Fees Orders).  The Amendment Regulations also make consequential amendments and some minor technical changes.

The Principal Regulations are one of three sets of Regulations that are affected by the decision of the Dairy Export Program (the Program) of the Australian Quarantine and Inspection Service (AQIS) to remove dairy charges from the Regulations and place them in the Fees Orders.  The effect of this decision is that all fees relating to milk and milk products are located in one set of legislation, making it easier for industry to access fees information. The other Regulations amended are the Export Inspection (Service Charge) Amendment Regulations 2007 (No. 1) and the Export Inspection and Meat Charges Collection Amendment Regulations 2007 (No. 1).

The Program has consulted with the Dairy Export Industry Consultative Committee (DEICC) about these changes.  DEICC consists of representatives of registered establishments, exporters, State Regulatory Authorities, Dairy Australia and AQIS. DEICC has no objections to these amendments.

Details of the Amendment Regulations are set out below.

The Amendment Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

The Amendment Regulations commence on 1 July 2008.

Regulation 1 provides that the Amendment Regulations are named the Export Inspection (Establishment Registration Charges) Amendment Regulations 2007
(No. 1).

Regulation 2 provides that the Amendment Regulations commence on 1 July 2008.

Regulation 3 provides that Schedule 1 amends the Export Inspection (Establishment Registration Charges) Regulations 1985.

Schedule 1 Amendments

Item 1 omits definitions that are no longer required as a consequence of the removal of dairy charges and of an earlier amendment that removed meat charges from the Principal Regulations.

Item 2 omits definitions that are no longer required as a consequence of the removal of dairy charges and an earlier amendment that removed meat charges from the Principal Regulations. This item also inserts a definition of “fish products establishment” to reflect the fact that as a result of the Amendment Regulations the Principal Regulations now impose charges in relation to fish products establishments only.

Item 3 updates the notes at the end of regulation 3 to reflect the fact that as a result of the Amendment Regulations the Principal Regulations now impose charges in relation to fish products establishments only.

Item 4 is a minor technical amendment to improve the expression of subregulation 4(1) by using plain English.

Item 5 removes the reference to dairy products in paragraph 4(1)(a).  Paragraph 4(1)(a) specifies prescribed commodities for the purposes of subsection 6(1) of the Act to allow charges to be imposed in relation to the registration of an establishment for the preparation of dairy products. The specification of dairy products for this purpose is no longer required because charges are no longer imposed under these Regulations.

Item 6 removes subregulation 4(1B) which imposes charges in relation to the registration of an establishment for the processing, packing and storage of dairy products.

Item 7 reframes subregulation 4(2) to reflect the fact that as a result of the Amendment Regulations the Principal Regulations now impose charges in relation to fish products establishments only.

Item 8 removes subregulation 4(3) which refers to dairy establishment charges because these charges are no longer imposed under the Principal Regulations.

Item 9 replaces regulations 5, 6, 6A and 11 with new regulations 5 and 6 to remove redundant references to establishments for which charges are no longer imposed under the Principal Regulations.

Items 10 and 11 amends the heading of Schedule 1 and removes the heading to Part 1 of Schedule 1 to reflect that Schedule 1 now deals only with fish products establishments.

Item 12 removes Schedule 1A (which dealt with charges for dairy establishments) to reflect the fact that these charges are no longer imposed under the Principal Regulations.

 

Overview

The Export Inspection (Establishment Registration Charges) Amendment Regulations 2007 (No. 1) were introduced to amend the Export Inspection (Establishment Registration Charges) Regulations 1985. The primary objective of these regulations was to remove the registration charges for dairy establishments and to relocate these charges into the Export Control (Fees) Orders 2001. This was enacted to streamline the fee structure for the dairy industry, ensuring that all fees related to milk and milk products were consolidated in one set of legislation. This consolidation aimed to simplify fee information access for industry stakeholders. The decision to make these amendments was communicated to the Dairy Export Industry Consultative Committee (DEICC), which comprises representatives from various sectors including registered establishments, exporters, State Regulatory Authorities, Dairy Australia, and the Australian Quarantine and Inspection Service (AQIS). Notably, the DEIC Committee did not object to the changes proposed in these regulations.

Scope and Application

The Export Inspection (Establishment Registration Charges) Amendment Regulations 2007 (No. 1) amends the Export Inspection (Establishment Registration Charges) Regulations 1985 to remove registration charges relating to dairy establishments. This amendment enables the placement of registration charges for these establishments in the Export Control (Fees) Orders 2001, streamlining fee management and accessibility for the dairy export industry. The regulations apply to the Commonwealth of Australia, specifically targeting establishments involved in the preparation and processing of dairy products for export. The changes are designed to improve clarity and efficiency in the regulatory framework, aligning with the objectives of the Australian Quarantine and Inspection Service's Dairy Export Program. The amendments also include minor technical adjustments to reflect the updated scope of the regulations, now focused solely on fish products establishments, and ensure consistency across related legislative instruments.

Key Provisions

The main operative sections of the Export Inspection (Establishment Registration Charges) Amendment Regulations 2007 (No. 1) (the Amendment Regulations) primarily concern the removal of dairy charges from the Export Inspection (Establishment Registration Charges) Regulations 1985 (the Principal Regulations) and the placement of these charges in the Export Control (Fees) Orders 2001 (the Fees Orders). Regulation 5 of the Principal Regulations, which imposed charges in relation to the registration of dairy establishments, is omitted. Similarly, subregulation 4(1B), which dealt with charges for dairy establishments, is also removed. These changes reflect the decision by the Dairy Export Program of the Australian Quarantine and Inspection Service (AQIS) to streamline fees information by consolidating all fees related to milk and milk products in one set of legislation. Regulation 4 of the Principal Regulations, which specified prescribed commodities, is updated to exclude dairy products. Furthermore, several other definitions and references to dairy charges are omitted to reflect these amendments. The Amendment Regulations impose specific obligations on the entities governed by them. For instance, under the original Principal Regulations, entities such as dairy establishments were required to pay registration charges for their operations as stipulated in Regulations 6 and 6A. With the removal of these charges, entities previously subject to these fees must now comply with the updated regulations that place the charges under the Fees Orders. The Amendment Regulations also require that all references to dairy charges be updated or removed, ensuring that the Principal Regulations now only impose charges on fish products establishments. This change necessitates that entities previously affected by dairy charges now need to refer to the Fees Orders for any applicable charges. Any breaches of the provisions under the Export Inspection (Establishment Registration Charges) Act 1985 and its associated regulations can lead to civil and criminal consequences. Under section 18 of the Act, any person who contravenes a provision of the Act or regulations may be liable to a penalty. The maximum penalty for a corporation is generally set out in the relevant legislative instruments, often being significant enough to serve as a deterrent. For instance, for serious breaches, the penalty could be thousands of Australian dollars, and in more severe cases, criminal proceedings may be initiated. Failure to comply with the updated fees structure and regulations could potentially result in these penalties if the entities do not adjust their compliance strategies accordingly. The Amendment Regulations also include consequential amendments to other related legislation, such as the Export Inspection (Service Charge) Amendment Regulations 2007 (No. 1) and the Export Inspection and Meat Charges Collection Amendment Regulations 2007 (No. 1). These amendments ensure that all related regulations are consistent with the new fees structure and that there are no conflicting provisions across different sets of regulations. This consistency is crucial for maintaining a coherent regulatory environment and ensuring that all affected entities can easily access and understand the fees they are liable for. The consultation with the Dairy Export Industry Consultative Committee (DEICC), which includes representatives from various stakeholders, indicates a broad consensus on these changes, thereby enhancing the regulatory framework’s effectiveness and fairness.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.